Common use of Consignment Fees Clause in Contracts

Consignment Fees. Except as otherwise provided in Section 8.20, with respect to Consigned Precious Metal, the Borrower agrees to pay to the Gold Agent, for the accounts of the Gold Banks in accordance with their respective Gold Commitment Percentages, a Consignment Fee equal to: (a) for each day with respect to Consignment Base Rate Amounts, the product of the Consignment Base Rate times a fraction, the numerator of which is one (1) and the denominator of which is three hundred and sixty (360) times the Fair Market Value of Consigned Precious Metal outstanding on such day which are Consignment Base Rate Amounts. (b) for each day during each Interest Period with respect to Consignment Fixed Rate Amounts, the product of the Consignment Fixed Rate applicable to such Interest Period times a fraction, the numerator of which is one (1) and the denominator of which is three hundred and sixty (360) times the Fair Market Value (as of such date) of Consigned Precious Metal outstanding for such Interest Period which are Consignment Fixed Rate Amounts. The Consignment Fee with respect to Consignment Base Rate Amounts shall be payable monthly in arrears on the first Business Day of each calendar month, commencing on the first such date following the Closing Date, with a final payment on the Maturity Date or any earlier date on which the Gold Commitments shall terminate. The Consignments Fee with respect to Consignment Fixed Rate Amounts shall be payable on the last day of each Interest Period applicable thereto.

Appears in 1 contract

Sources: Revolving Credit, Term Loan and Gold Consignment Agreement (Marks Bros Jewelers Inc)

Consignment Fees. Except as otherwise provided in Section 8.205.21, with respect to Consigned Precious Metal, the Borrower agrees to pay to the Gold Administrative Agent, for the accounts of Administrative Agent and the Gold Banks in accordance with their respective Gold Commitment Percentagesto be allocated among them as set forth below, a consignment fee (the "Consignment Fee Fee") equal to: (a) for each day with respect to Consignment Base Rate Amounts, the product of the Consignment Base Rate times a fraction, the numerator of which is one (1) and the denominator of which is three hundred and sixty (360) times the Fair Market Value (as of such date) of Consigned Precious Metal outstanding on such day which are Consignment Base Rate Amounts.; and (b) for each day during each Interest Period with respect to Consignment Fixed Rate Amounts, the product of the Consignment Fixed Rate applicable to such Interest Period times a fraction, the numerator of which is one (1) and the denominator of which is three hundred and sixty (360) times the Fair Market Value (as of such date) of Consigned Precious Metal outstanding for such Interest Period which are Consignment Fixed Rate Amounts. The Consignment Fee for each day shall be allocated as follows: (i) for the account of the Banks in accordance with their respective Commitment Percentages, that portion of the Consignment Fee for such day equal to the product of (A) the LIBOR Applicable Margin applicable to Revolving Credit Loans minus one-eighth of one percent (1/8%) times a fraction, the numerator of which is one (1) and the denominator of which is three hundred and sixty (360) times the Fair Market Value (as of such date) of Consigned Precious Metal outstanding on such day and (ii) for the account of the Gold Fronting Bank, the remainder of the Consignment Fee for such day. The Consignment Fee with respect to Consignment Base Rate Amounts shall be payable monthly in arrears on the first last Business Day of each calendar month, commencing on the first such date following the Closing Date, with a final payment on the Maturity Date or any earlier date on which the Gold Commitments shall terminate. The Consignments Consignment Fee with respect to Consignment Fixed Rate Amounts shall be payable as to any Consignment Fixed Rate Amounts in respect of which the applicable Interest Period is (i) 3 months or less, on the last day of each such interest period and (ii) more than 3 months, on the date that is 3 months from the first day of such Interest Period applicable theretoand, in addition, on the last day of such Interest Period.

Appears in 1 contract

Sources: Revolving Credit and Gold Consignment Agreement (Whitehall Jewellers Inc)